AC-2023-LON-001921 - [2025] EWHC 1416 (Admin)

This case is not about Article 26/624. It is not about detention. It is not about deprivation of liberty. The CJEU ruled in JZ that even the 9 hour EMC which featured in that case could not meet the “autonomous” Article 26/624 test of constituting a “deprivation of liberty” and thus “detention” (JZ at §54). Nor can the 5 hour EMC in the present case. Nor could 5½ hour EMC in A. Nor could the 5 hour EMC in Doga. Nor could the EMC arrangements with which the French appellate courts were concerned in the 28 March 2023 judgment of the French Supreme Court. None of those EMCs were a deprivation of liberty.